The future is looking bright for Hong Kong-ers under the BN(O) route
The government has announced that adult children of British National (Overseas) (BN(O)) status holders who were under 18 at the time of Hong Kong’s 1997 handover to China will be eligible to apply for the route independently of their parents. These adult children’s partners and children will also be eligible. It is estimated that 26,000 people will be able to benefit from this policy change.
Together with the Earned Settlement consultation in November 2025 where the government confirmed that those who hold status granted under the BN(O) route would automatically enjoy a 5-year reduction of the 10-year baseline qualifying period for settlement, also known as permanent residence or indefinite leave to remain (ILR), this represents another significant positive development for Hong Kong-ers.
Under the current Immigration Rules, those born before 1 July 1997 must themselves hold BN(O) nationality in order to be eligible for permission under the BN(O) route. This is regardless of the fact that they might be a child at the time and would have no control over whether they would be registered for BN(O) nationality. It is no longer possible to register as a BN(O) national after 30 September 1997.
For those born on or after 1 July 1997, however, they (and their partners and children) are able to apply for status under the BN(O) route by demonstrating that they are the child of a BN(O) national. In the past there was also a requirement that they must apply for and be granted status together with a BN(O) parent and everyone must form part of the same household (i.e. normally live together), but this was removed from 30 November 2022.
This difference in treatment means that there could be a situation where children within a family would not be able to all relocate to the UK, which can lead to unfair outcomes. This gap has now been remedied by the present changes.
Additionally, many Hong Kong-ers are lobbying the government for an exemption regarding the mandatory integration and contribution requirements under the Earned Settlement reforms. Among other things, the government is proposing that ILR applicants must be able to meet English language requirements at B2 level under the Common European Framework of Reference for Languages (an increase from B1 level), and must also have contributed to the Exchequer by having annual earnings above £12,570 for a minimum of 3 to 5 years. The length of meeting this earning requirement is subject to consultation, but not the actual earning requirement itself.
It is not uncommon for BN(O) families to leave their employment and sell their homes and assets in Hong Kong when they moved to the UK, and with a financial cushion many opted for early retirement and/or became a full-time carer for their children. With the BN(O) route being first introduced in 2021, many are soon eligible to apply for settlement. They now face the prospect of not meeting the new requirements for settlement in the final stretch of their 5-year residence period. Some may need to complete an additional period of residence, and retirees may need to return to employment otherwise they may never be able to settle in the UK.
It remains to be seen whether the government would accept and implement this exemption. Multiple MPs and senior politicians such as Lord Patten have expressed support. Hong Kong-ers have achieved a lot in securing favourable policy changes, and they may be on the verge for another major victory.
